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HomeMy WebLinkAbout2017-01-17 PC Regular Meeting Minutes CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION s� �� MINUTES TUESDAY, JANUARY 17, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair John Greenwood called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner John Greenwood Commissioner Ron Gregory Vice Chair Joseph Pradetto Chair Nancy DeLuna Staff Present: Jill Tremblay, City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Heather Buck, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Vice Chair DeLuna led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Ryan Stendell, Director of Community Development, summarized pertinent January 12, 2017, City Council actions. V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of December 20, 2016. + Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to merge parcels at 113 Kovenish Court. Case No. PMW 16-371 (PAR Development, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 16-371. On a motion by Commissioner Pradetto, second by Vice Chair DeLuna, and a 4- 0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. SELECTION of a Chair and Vice Chair for 2017. Rec: Nominate and elect positions. Chair Greenwood moved to, by Minute Motion, nominate Vice Chair DeLuna for Chair and Commissioner Pradetto for Vice Chair. Motion was seconded by Commissioner Gregory and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None). IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to approve a Precise Plan to demolish an existing restaurant and construct a new 4,875-square-foot building for JARED Jewelers at 72-950 Highway 111, and approval of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP 16- 147 (JARED The Galleria of Jewelry, Akron, Ohio, Applicant). Ms. Heather Buck, Assistant Planner, presented the staff report (staff report is available at www.cityofpalmdesert.orq). Staff recommended approval and offered to answer any questions. Chair DeLuna asked what the size of the existing Denny's restaurant is. Is the proposed JARED building going to be larger or smaller than the existing building? am 2 GAPlanning\Momca OReilly\Planning Commission\2017\Minjtes\1-1 7-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Mr. Eric Ceja, Principal Planner, responded that the existing Denny's is approximately 5,000 square feet. The buildings would be similar in size. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JEFFREY DE ZORT, representative for JARED Jewelers, Akron, Ohio, stated that they hope the proposed jewelry store would be a nice addition at the intersection of Highway 111 and Monterey Avenue. He briefly explained that JARED is a high-scale jewelry store and offered to answer any questions. Commissioner Ron Gregory commented that it is a bold decision to locate the jewelry store at the intersection of Highway 111 and Monterey Avenue since there are jewelry stores in the mall and on El Paseo. He questioned why JARED chose that location. MR. DE ZORT responded that JARED typically likes to be in some type of outlot of the mall. JARED offers exclusive jewelry that some of their other brands (Kay Jewelers and Zales) do not. JARED also has a jewelry repair shop at the back of the store. If one of their other brand stores need repair services, they could send jewelry to JARED. Chair DeLuna commended the architecture and the elements used in the proposed building, which is in keeping with the General Plan. She thanked the applicant for coming to Palm Desert to do business. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Greenwood asked what the requirement for a monument sign setback on a corner is. Ms. Buck responded that the monument sign would be going back to the Architectural Review Commission (ARC) for review. Commissioner Greenwood asked if the monument sign location is subject to change. Ms. Buck replied that is correct. Commissioner Greenwood commented that it is a lovely building. He commended staff on working to incorporate the corner to see if they could have done a larger and/or a more impactful project. He stated he is in favor of the project and would move for approval. 3 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2687, approving Case No. PP 16-147, subject to conditions. Motion was seconded by Vice Chair Pradetto and carried by a 4-0 vote wo (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION to approve PP/CUP 16-194 to demolish an existing retail building (formerly Don Vincent) and construct a new 13,526- square-foot three-story mixed-use retail/residential building located at 73-690 El Paseo, and approval of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP/CUP 16-194 (Miguel Ruiz, Bermuda Dunes, California, Applicant). Mr. Kevin Swartz, Associate Planner, outlined the salient points in the staff report (staff report is available at www.cityofpalmdesert.org). Staff recommended approval and offered to answer any questions. He noted that the architect and the building owner are also present to answer any questions. Commissioner Greenwood referred to Exhibit Sheet Al. He commented there is a 40-foot height limit, and questioned why they are not giving themselves more room vertically in the project (proposed project is 36 feet). Mr. Swartz remarked that Commissioner Greenwood is correct that the project is tight, and it was discussed at the ARC meeting. He stated that the project architect believes there is enough room to capture all the ducting and other Now equipment that is needed. He mentioned there is an extra four feet in height, if needed. The Director of Community Development can make minor modifications, as long as it does not impact the Conditions of Approval. Commissioner Greenwood asked if trash enclosures within Presidents Plaza east were discussed. Mr. Swartz mentioned that the City sent the property owners a survey concerning the Presidents Plaza parking lot. There will be a City Council study session on March 23, to discuss the future remodel of Presidents Plaza. Commissioner Greenwood questioned if the City would potentially acquire Presidents Plaza, and the applicant would not be required to build a trash enclosure. Mr. Stendell communicated the City has had an active role in managing the Presidents Plaza parking area as valuable shared-use parking through the commercial core since El Paseo was in its infancy. He said the City has a public parking easement, and they manage the parking lot via a Business Improvement District (BID). The business owners pay into the BID, and the City uses their funds to cover the operations cost of the parking lot. Unfortunately, the BID has never collected enough funds, since it is privately-owned, to adequately fund .. 4 G\Planning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 long-term capital replacement. Mr. Stendell stated that the City understands this is an important parking area now and in the future, so the City of Palm Desert is • playing an active role in trying to find a solution. Commissioner Greenwood commented that as the Planning Commission look at projects like this one, he questions the placement of transformers. As projects come through, he asked how do they look at those elements and make intelligent decisions looking at the future. Mr. Stendell replied that the Planning Commission would need to rely on staff. Staff would have to take the lead role and make sure they are problem-solving at Presidents Plaza. Commissioner Greenwood asked how mail delivery would be handled for the residential units. Staff did not have an answer to Commissioner Greenwood's question. Commissioner Greenwood commented Presidents Plaza is fairly open and allows for a lot of versatility. He wants to make sure different elements (trash enclosures, transformers, etc.) are being looked at so they are not losing parking counts adjacent to the proposed building. Vice Chair Joseph Pradetto expressed that it is an exciting project moving forward on the City's downtown plan. He understood the reason the property owner of the proposed project would want to maintain ownership of the residential units. However, condominiums would be more advantageous for property taxes; it is something to consider. Commissioner Gregory commented that if the residential units were to go in the direction of condominiums, he would like to see the units a little nicer with better parking. He is concerned with people parking their cars in Presidents Plaza in the evening. Mr. Swartz responded that renters would have to be aware of the parking. Commissioner Gregory inquired how Fed Ex and UPS would make deliveries to the residential units. Mr. Stendell replied that FedEx and UPS park on El Paseo to make deliveries. He does not think delivery service would change with this project. Commissioner Gregory said that retail tenants change. He voiced his concern with the stone being damaged if signage is pinned to the stone. He also is concerned with the maintenance of the planters. He asked if the planters would 5 GAPlanning\Monica OReilly\Planning Comm ission\2017\Minutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 be maintained and how maintenance would be provided. He noted that raised planters are a challenge in the desert. aw Mr. Swartz responded there is a Condition of Approval that states the landscaping should be maintained. However, he does not know how the landscaping would be maintained and referred the question to the applicant. Commissioner Gregory commented the architecture is excellent, but having some type of sidewalk scape would make the project more interesting for pedestrians. Mr. Swartz mentioned that when the project architect proposed the building, it included a parklet on El Paseo. However, the City is looking at parklets in the long-range on El Paseo. Commissioner Greenwood inquired if pedestrians could park in Presidents Plaza and access the retail stores along the south side facing El Paseo. Mr. Swartz replied that is correct. Commissioner Greenwood asked if the residents have the ability to get to El Paseo from their units. Is there a connection further east or west that allows access to El Paseo, or do the residents have to go down to the next major arterial .r Mr. Swartz replied that the resident would have to the next major arterial. Chair DeLuna asked if it was the applicant's intent for residents not to have direct access to El Paseo. Mr. Swartz believed there was not a way to provide residents direct access to El Paseo. Chair DeLuna asked if Presidents Plaza's current parking lot configuration would accommodate residential tenants and the businesses that face north. Mr. Swartz replied that he believed so. He noted that most businesses in the area close around 8:00 or 9:00 p.m., except for Piero's PizzaVino, which closes at 9:30 and/or 10:00 p.m. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JUAN CARLOS OCHOA, applicant's architect, Palm Desert, California, communicated that when they started the design of the building, the height limit was only 30 feet. However, the One Eleven Development Code was adopted in N" 6 G:\Planning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 between that time and they raised the height to 36 feet. At 36 feet, they feel there is enough room for ducting and equipment on the roof. He offered to answer any questions. Commissioner Gregory mentioned that he is working on some projects in the city of Palm Springs. In Palm Springs, it is important to have residential egress and ingress to the streets because that is what makes it fun to live there. He is concerned if they do not look at this now, the Commission would be making an error by forcing people to go into the parking lot who live in the rental units. He stated that part of the joy of living on El Paseo is being able to roam the sidewalk and/or street. Chair DeLuna commented that the Planning Commission is excited about the project, but she is also sensitive to Commissioner Gregory's concern regarding access to El Paseo. She asked if more projects come up that do not have access directly to El Paseo, would this set a precedent. Mr. Stendell replied he did not think so. He said that the City does not generally get into the business dealings of the development community. If the developer thinks that the project they are proposing meets their investment goals, the City would recognize that and move forward. He stated that staff would prefer to work on the best solution for the community and the developer on an investment standpoint. Commissioner Greenwood asked Mr. Ochoa if he is willing to update the preliminary documents for the ARC to review, if there are revisions to the height of the building. MR. OCHOA replied yes. Commissioner Gregory inquired if the sidewalk on the side of Presidents Plaza is remaining. MR. OCHOA replied yes. He said the palm trees on El Paseo and one palm tree on Presidents Plaza would remain, but they are adding some planters. Commissioner Gregory asked if the palm tree on Presidents Plaza part of a line of continuing palm trees. Mr. Stendell replied yes. He noted that the palm trees might be removed in the future as part of the overall parking lot improvements. MR. OCHOA mentioned that their initial concept was to add parklets; however, there is limited space. There was brief discussion regarding parklets. 7 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Commissioner Greenwood inquired if the proposed project incorporates additional lighting in Presidents Plaza and its residents for security. ..rr MR. OCHOA replied no. He remarked that having residents living on the property would help with security. Commissioner Gregory commented that having additional lighting would be a good idea to have a serious effort at making a place visible enough in the evening so you can see if someone shouldn't be there. Chair DeLuna also commented that additional lighting would be discouraging to an intruder. She asked Mr. Ochoa if lighting has been added to the plans. MR. OCHOA said no. He stated if the Planning Commission adds a condition to install lighting, they would include lighting. Vice Chair Pradetto said lighting helps with access safety. In terms if deterring crime, he thinks it has an adverse effect. He noted that most crimes happen during the daylight hours. He stated that lighting gives criminals an opportunity to have free light. If a criminal has a flashlight, it is an indication that the criminal is in a place where they should not be. MR. BEN EGAN, applicant's civil engineer, Palm Desert, California, communicated that he suggested to the applicant to file a condominium map .. concurrently with the Precise Plan and Conditional Use Permit application for condominiums; however, it is the property owner's option. He made clear that there is nothing in the Subdivision Map Act that would preclude the applicant from down the road, bringing forward a condominium map to condominiumize the proposed building in the future. He commented that there is an opportunity, if money is going to be invested in Presidents Plaza, to continue that consistency. Additionally, if the City is thinking of an individual project, this is one building on a postage stamp lot. It might be prudent to consider an overall guideline, possibly in the downtown development standards. He also commented that if the building was strictly residences, access to El Paseo would be important. Since there is retail on the bottom floor and residential on the upper two floors, they do not have to worry about people wandering off El Paseo up to a residential unit. In this particular instance, there might be an appropriate reason why El Paseo should not be accessible. Maybe there should be access to El Paseo, and if there is access, it needs to be done in a very skillful way. He stated each project should be evaluated on a case-by-case basis. Commissioner Gregory commented that he would be concerned with someone wandering from Presidents Plaza into the building. MR. EGAN remarked that Commissioner Gregory had a good point. No 8 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Commissioner Gregory said that the Planning Commission is not pushing El Paseo access with this project. He stated that the Commission is concerned in fto the long-run. Commissioner Greenwood asked staff if laundry and noise on the balcony has been discussed. Mr. Swartz responded that it was discussed. He said there is a condition, which states residential balconies that are determined by the City as public nuisances as defined in the Palm Desert Municipal Code shall be removed. With no further testimony offered, Chair DeLuna declared the public hearing closed. Vice Chair Pradetto voiced that he is excited about the project. He commented that human beings are remarkably accommodating and they survive. Some of the problems the Planning Commission foresees happening, human ingenuity would solve them and they would not be problems. He stated that since this project is the first round of mixed-use on El Paseo, there is going to be challenges and problems they never anticipated. However, that is when they get to grow and master a mixed-use development. He supported the project and made a motion to approve. Commissioner Greenwood commented that it is a beautiful building and well executed. He is also very excited to see this type of use on El Paseo, which is w.�. much needed. However, he would like to see the preliminary drawings updated based on looking at the height studies and reviewed by the ARC prior to the construction documents review. He felt a condition should be added to provide lighting. With that said, he seconded the motion. Chair DeLuna asked Commissioner Greenwood if he is adding the two conditions. Commissioner Greenwood replied yes. Therefore, Vice Chair Pradetto moved, By Minute Motion, to amend the motion and add the following conditions: 1) that the project in the schematic and presentation stage it is in now must be presented back to the ARC prior to going forward with construction documents. He noted to have the ARC evaluate the added height and that the architecture is still in place with the original approval; and 2) provide site lighting at Presidents Plaza. Commissioner Gregory asked if maintenance for the planters would be handled by Code Enforcement to make sure the planters are handled properly in the long- run. WAW GAPlanning\Monica OReilly\Planning Commission\201TMinutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 Mr. Stendell responded that the long-term maintenance of any project would be a property nuisance issue. A property nuisance issue would be handled by the Code Compliance Division. He believed a condition for the maintenance is not needed. Commissioner Gregory voiced that there would be a problem with the planters. He stated that some type of equipment would have to be used to maintain the planters from the street, or there would be maintenance people intruding into the renter's apartments. He is uncomfortable because almost every raised planter he has seen in the desert does not make it. Mr. Swartz pointed out Condition of Approval No. 10, which states "The small dedicated landscape pocket areas within the balconies facing El Paseo shall not be removed for additional patio area and must be used for decorative landscaping materials." He indicated that staff could add that the planters must be maintained at all times. Chair DeLuna asked if the Planning Commission does or does not need to add a condition for the maintenance of the planters. Vice Chair Pradetto felt it is not necessary to add a condition. Mr. Stendell added that the rules in the book are sufficient. The question whether the planters would work or not is a question only time would tell. Chair DeLuna called for the vote and the motion carried by a 4-0 vote. (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None). Chair DeLuna commented that the Planning Commission is very excited to see the General Plan Update begin to be implemented and very quickly. She thought there are other applications that would be presented to the Planning Commission and would integrate nicely and have some synergy with the project proposed tonight. She thanked that applicant for bringing the project of this caliber and quality to El Paseo. X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Gregory communicated that the Art in Public Places Commission reviewed a list of artists and their work to determine if they should be added to the list of acceptable artists for art in public places. was 10 G1Planning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 B. PARKS & RECREATION Mr. Stendell reported that the Parks & Recreation Commission received a five- year report of the operations at the Palm Desert Aquatic Center. Chair DeLuna inquired if the implementation of the new TOT increase affects any of the parks and recreation facilities. Mr. Stendell responded that it is up to the City Council on how they would want to divide the funds through the annual budget process. XII. COMMENTS Commissioner Greenwood noticed there was an update to the building codes, and the standard conditions are reading the older version of 2013 versus 2016. Vice Chair Pradetto questioned if the projects approved at today's meeting referred to the 2013 building codes because they were submitted prior to the update. Commissioner Greenwood remarked that the codes would be applicable when the construction documents are submitted, which would be in the 2016 cycle. Mr. Stendell remarked that if construction documents are not submitted, the documents would need to comply with the 2016 building codes. Chair DeLuna inquired if there is much change in the codes. Mr. Stendell believed some of the code changes were related to Title 24 known as the California Building Standards Code. He is not too sure about all the changes. Commissioner Greenwood stated that the State of California is pushing pretty hard to meet zero net energy goals; therefore, the energy compliance portion of construction is increasing. Chair DeLuna commented that she saw a group of students having a class near the amphitheater. She said it was heartwarming to see the city's facilities being utilized. She expressed that it feels good to be part of a process that enhances a city that has so many things to offer to its residents and visitors. She commended staff for the fine job they do in guiding the Planning Commission and the principals they set forward. 11 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx MINUTES PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 XIII. ADJOURNMENT With the Planning Commission concurrence, Chair DeLuna adjourned the meeting at 7:04 p.m. NANCY DE UNA, CHAIR ATTEST: f6-u RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, REC RDING SECRETARY ..r 12 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\1-17-17.docx